Slip and falls are common incidents that carry painful consequences. Over 8 million hospital emergency room visits are for falls, and 5% of them result in fractures. Many times the cause of these accidents are not the fault of the injured party.
If you’ve been hurt in a slip and fall incident, you may need legal counsel. Take a look at the information below to find out if filing a slip and fall accident lawsuit is the right move for you:
One of the first clues of whether you should file a slip and fall lawsuit is if your accident took place in unsafe conditions. For example, if there was a wet floor, a cracked sidewalk, debris in the walk area, a slippery floor mat, etc.
If any of those conditions were present when you fell, that is a clear hazard to others. It doesn’t matter if the accident occurred while you were in a business establishment or on your job, the property owner has a duty to keep the environment as safe as possible.
The Property Owner Knew of the Hazard
If the owner of the establishment knew there was a potential hazard, call a slip and fall lawyer immediately. Sometimes, there are injuries that occur that the property owner couldn’t control.
On the other hand, if they were aware of it, that’s considered negligence. The only difficulty in a situation like this is proving that there was prior knowledge of a hazard.
No Warning Signs About the Hazard
When there are unsafe conditions, property owners should make every effort to warn visitors. Let’s say there’s water leaking on the floor from the ceiling. In this situation, wet floor signs must be put out.
Not only that, but if there are caution signs, they must be placed in a visible area. Otherwise, that could be deemed as negligence as well.
How the Accident Occurred
The manner in which the accident occurred also determines whether you should file a slip and fall accident lawsuit. For instance, if you hurt yourself falling down a flight of stairs, that doesn’t always constitute a slip and fall lawsuit.
The insurance provider and the property owner will want to know how you fell. Did you lose your balance? What type of shoes were you wearing? A lot of information factors into whether you’ll have a successful claim.
On the other hand, if you fell down a flight of stairs and there was no handrail or one of the steps gave out as you were walking, then filing a slip and fall lawsuit is a good idea.
Sometimes you have to be smart when deciding whether or not a slip and fall accident claim is worth filing. Even if you slipped in a hazardous environment and there was negligence, your injuries should be substantial.
If you bruised your knee or twisted your ankle, those types of injuries are treatable at home. On the contrary, if you fell and endured a neck injury, back injury, or a similar wound, then filing a lawsuit is worth it. Those types of injuries require medical expenses for doctors and lost wages.
An Unfair Settlement
Sometimes when you work directly with the property owner’s insurance company, you get cheated. They might only give you a small settlement that doesn’t cover your medical bills or allow you time off from work. If you’re treated unfairly after your injury, then it’s best to file a slip and fall accident lawsuit.
What to Do After a Slip and Fall Accident
There are certain steps you should take immediately after your accident. By covering your bases, it helps to ensure that you have a solid claim later down the line. Here’s what you should do:
Go to the Emergency Room
Even if your injuries aren’t significant, go to the doctor. Doing so provides medical documentation to back up your claim. Not only that, but it shows there was an injury that occurred that required medical attention.
Without it, the insurance company might believe that you were not hurt. Plus, sometimes symptoms develop days after an accident occurs. So, go to the ER even if you don’t feel pain.
After an accident occurs, it’s a good idea to take pictures of the scene. If you’re not hurt too badly, make sure to capture pictures and videos to prove that the environment was hazardous. If you’re not in the condition to do so, ask someone else who was around to do it for you.
Get Information from Witnesses
If someone else can attest to the hazard, that helps to build your case. If it was a relative with you or other bystanders that seen the accident take place, get their information. Having witnesses is always good backup.
Call a Slip and Fall Lawyer
After you’ve gotten medical attention, call a slip and fall lawyer. Doing so gives you legal counsel on the front end of your accident. An attorney can fight for you while you recover from your injuries. They can also help you avoid making mistakes that could weaken your case.
Slip and Fall Accident Lawsuit Assistance
If you’re thinking about filing a slip and fall accident lawsuit, let Dawson Law Firm fight on your behalf. We’ll help you put together a strong case to get you the compensation you deserve.
In addition to personal injuries, we also assist the victims of trucking accidents, property damage, wrongful death, and more.
If you have any questions for us, please contact us online.
We’ll work hard to help you win your case!